How to Apply HR Standards to Arms Transfer Decisions.amnesty.finaL

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HOW TO APPLY

HUMAN RIGHTSSTANDARDS TOARMS TRANSFERDECISIONS


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Amnesty International Publications

First published in 2008 by

Amnesty International Publications

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1 Easton Street

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! Copyright Amnesty International Publications 2008

Index: [ACT 30/008/2008]

Original Language: English

Printed by Amnesty International, International Secretariat, United Kingdom

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AI Index: ACT30/008/2008 Amnesty International

TABLE OF CONTENTS

1. International human rights instruments .....................................................................2a. UN Charter.........................................................................................................2

b. Human rights treaties .........................................................................................2

2. States human rights obligations ................................................................................4

a. IHL and human rights law during conflict.........................................................5

b. International criminal law ..................................................................................6

3. Key concepts for applying international human rights law .......................................6

a. Prevention ..........................................................................................................6

b. Fairness and Objectivity ....................................................................................8

4. Practical application of international human rights law to transfer decisions ...........8

a. Recipient states attitude ....................................................................................8

b. Assessment of the nature of the conventional arms and its end-use/end-user.10c. Assessing the nature of the conventional arms ................................................10

d. Assessing the EndUser...................................................................................10

e. Risk of Diversion .............................................................................................11

f. Reaching a decision .........................................................................................12

g. At what point does a risk become clear? ......................................................12

h. National legislation ..........................................................................................13

5. Sources of Information ............................................................................................14

APPENDIX: International Human Rights Instruments ...............................................15


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How to apply Human Rightsstandards to arms

transfers decisions1

In order to achieve a more effective and responsible regulation of the international arms trade,

all international transfers of conventional weaponry, munitions and equipment2

(hereinafter

referred to as transfers of conventional arms) should be carried out in accordance with

states international legal obligations, and with national laws and policies that implement

those obligations. All states have obligations under international human rights law applicable

to transfers of conventional arms. These obligations apply to any state with jurisdiction over a

transfer of conventional arms and cover the export, import, transit, transshipment, brokerage

and licensed production of conventional arms.

While it is clear that many states recognise that their obligations under international human

rights law have application to transfers of conventional arms,3

the rigorous and consistent

application of these obligations must also be prioritised. The purpose of the following

document is to assist states and regional organisations in applying their human rights

obligations. It proposes guidelines for assessing the risk of a proposed transfer being used for

serious violations of human rights and sets out a number of elements to consider when

forming a judgement.

1AI wishes to acknowledge the substantial legal research and drafting carried out by Clare da Silva, a consultant ininternational law, for this report.2Transfers refers to international transfers moving from the territory of one state to that of another.

Conventional arms and ammunition includes: heavy weapons; small arms and light weapons; parts andcomponents thereof; expertise or technology including logistical or financial support for such transfers,paramilitary equipment; dual-use goods intended for military, security and police purposes; munitions including

ammunition and explosives; expertise or technology from one country to another.3 118 states participate in regional and multilateral arms transfer control agreements where human rights is acriterion in the arms transfer licensing process.


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2 How to apply Human Rights standards to arms transfers decisions

Amnesty International AI Index: ACT30/008/2008

1. International human rights instruments

a. UN Charter

All United Nations (UN) member states have accepted the centrality of human rights and their

application to a range of state activities, including the transfer of conventional arms and

ammunition. The UN Charter requires member states to promote the full range of human

rights, including universal respect for, and observance of, human rights and fundamental

freedoms for all without distinction as to race, sex, language, or religion."4

The Charter also

requires member states to "take joint and separate action"5 in cooperation with the UN topromote human rights. These UN Charter provisions reflect a positive obligation of all States

to cooperate in the protection and fulfillment of human rights within and beyond their borders.

b. Human rights treaties

Every UN member state is a party to one or more of the universal human rights treaties. These

treaties include:

! the International Covenant on Civil and Political Rights (ICCPR);! the International Covenant on Economic, Social and Cultural Rights (ICESCR);! the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment;

! the Convention on the Elimination of all Forms of Discrimination against Women;! the Convention on the Rights of the Child;! the Convention on the Elimination of All Forms of Racial Discrimination;! the International Convention on the Protection of the Rights of all Migrant Workers

and Member of Their Families;

! the International Convention on the Rights of Persons with Disabilities;! the International Convention for the Protection of all Persons from Enforced

Disappearances.

Currently there are more than one hundred international treaties that concern the protection of

human rights. [See the Appendix below for a list of many such treaties] Through the UN

4 Article 55 (c) of the UN Charter.5 Article 56 of the UN Charter.


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How to apply Human Rights standards to arms transfers decisions 3


Charter, the Universal Declaration of Human Rights, the 1993 Vienna Declaration on HumanRights, and numerous other instruments, all 192 UN member states have committed

themselves to realizing human rights as part of general international law.

These treaty standards provide the benchmarks for assessing a potential transfer of

conventional arms against a human rights criterion. There is no hierarchy of international

human rights: the use of conventional arms could result in the perpetration of serious

violations of a spectrum of human rights standards (see Box 1) including civil, cultural,

economic, political and social rights, and rights relating to women, children, minority and

indigenous groups. Many of these human rights have attained the status of customary

international law binding on all states regardless of whether they are parties to a particular

treaty.

Respect for human rights will not be achieved by a state if it provides or authorizes armstransfers to a person or an entity with the knowledge that the arms will be used or are likely to

be used for the serious violation of human rights.

Box 1: At what point does a violation become serious?

Each situation needs to be assessed on a case-by-case basis and the final assessment must be

done by the state authorising the transfer. In determining whether human rights abuses are

serious, reference should be made to such previous findings of serious violations by

independent competent bodies, NGOs, UN reports etc. (see Sources of Information). Such

reports might also establish the occurrence of human rights abuses leading the transferringstate to determine for itself that those abuses are serious. Two aspects are helpful for such a

determination:

1. Scale of the violations: Is a human right being violated in a widespread or systematic

manner? Is there persistent conduct that involves patterns of violations or abuse of that right?

Where violations are systematic and/or widespread, this underlines the seriousness of the

violations.

2. Character and nature of the violations: Does the persistent violation or abuse apply to

significant spectrum of human rights including civil, cultural, economic, political and social

rights? The range and type of rights being violated or abused can also determine the overall

severity of the violations.


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2. States human rights obligations

In addition to their primary obligations to realize and promote human rights pursuant to the

UN Charter and their treaty law obligations, states are responsible for the actions of their

agents (e.g. police officers, soldiers).6

They also have a responsibility to protect persons from

conduct involving abuses by private actors, including companies, whether or not those actors

are acting under the control of the state. Such protection involves the exercise of due

diligence, including taking measures to prevent human rights abuses by private actors that

impair the enjoyment of human rights of anyone within its territory or subject to its

jurisdiction.

Under general principles of state responsibility, the responsibility of a state is engaged if it

aids or assists the commission of an internationally wrongful act, including a human rightsviolation, by another state in the knowledge of the circumstances of the internationally

wrongful act (see Box 2). Such assistance might include the provision of material aid, such as

weapons or munitions, to a state that uses that aid to commit serious human rights violations.7

Box 2:

Articles on State Responsibility

[A] State may incur responsibility if it () provides material aid to a State that uses the aid

to commit human rights violations. In this respect, the United Nations General Assembly hascalled on Member States in a number of cases to refrain from supplying arms and other

military assistance to countries found to be committing serious human rights violations.

(Report of the Economic and Social Council, Report of the Third Committee of the General

Assembly, draft resolution XVII, 14 December 1982, A/37/745, p. 50)

(Commentary on the Draft Articles on State Responsibility, Article 16, para. 9, pg. 158)

6 The Principles on the Prevention of Human Rights Violations Committed with Small Arms (adopted in 2006 by

the Sub-commission on the Protection and Protection of Human Rights) states that A state agent includes anyperson or persons acting at the instigation of or with the consent or acquiescence of a public official.7 Article 16 of the International Law Commissions Articles on the Responsibility of States for Internationally

Wrongful Acts, (Articles on State Responsibility), commended by the General Assembly, A/RES/56/83, 12December 2001. The customary law status of the Articles on State Responsibility was affirmed by the InternationalCourt of Justice in its Genocide Case Judgement (Bosnia v. Serbia), 26 February 2007.


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a. IHL and human rights law during conflict

During armed conflict, states have specific obligations under international humanitarian law

(IHL), including a general obligation to respect and ensure respect for the rules of IHL.8

IHL is intended, among other things, to protect civilians and those who are not taking part in

hostilities (i.e. wounded, sick and captured combatants) and it regulates the conduct of armed

conflict. Serious violations of IHL include the grave breaches identified in the four 1949

Geneva Conventions and Additional Protocol I which are applicable in international armed

conflict. The Rome Statute of the International Criminal Court also includes other serious

violations of IHL applicable in international and non-international conflicts which give rise to

individual criminal responsibility, in other words war crimes.9

States, when considering the authorization of the transfer of conventional arms, must equallyconsider the recipients respect for IHL and should not authorize transfers if there is a clear

risk that the arms will be used to commit serious violations of this law.10

International human rights law also applies during times of armed conflict and is not

displaced by the application of IHL. The two bodies of law operate concurrently and at times

human rights law can be directly applied in situations of armed conflict.11 The International

Court of Justice has affirmed that human rights law, including economic, social and cultural

rights, continues to apply in situations to which IHL is applicable.12

The Human Rights

Committee has also affirmed that in situations of armed conflict, both spheres of law are

complementary, not mutually exclusive13

Decisions concerning transfers of conventional

arms, particularly to states involved in armed conflict, must therefore include not only

consideration of the recipients respect for IHL but must also consider whether there is a clearrisk that a transfer will be used to violate human rights.

8Common Article 1 to the four 1949 Geneva Conventions.

9Article 8, Rome Statute of the International Criminal Court.10For a fuller discussion on the application of IHL in the arms transfer decision making process, see: ArmsTransfers Decisions: Applying international humanitarian law criteria, ICRC, Geneva, June 2007.11 The International Court of Justice (ICJ) has stated that, some rights may be exclusively matters of international

humanitarian law; others may be exclusively matters of human rights law; yet others may be matters of both thesebranches of international law. ICJ, Legal Consequences of the Construction of a Wall in the OccupiedPalestinian Territory, Advisory Opinion, 9 July 2004106.12 ICJ, Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, AdvisoryOpinion, 9 July 2004, paras 107-112.13 UN CCPR Human Rights Committee, General Comment 31 on The Nature of the General Legal Obligation onthe States Parties to the International Covenant on Civil and Political Rights, CCPR/C/21/Rev.1/Add.13, 26 May2004, para 11.


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b. International criminal law

International criminal law is also relevant to states arms transfer decisions. All States have an

obligation to prohibit the provision of conventional arms to any person or entity which would

knowingly assist in the commission or the attempted commission of international crimes.

The Rome Statute establishes criminal responsibility if a person aids, abets or otherwise

assists in the commission or the attempted commission of a crime, including by providing the

means for its commission.14

Providing the weapons used to commit one of the crimes for

which the ICC has jurisdiction may give rise to individual criminal responsibility.

Under the Rome Statute international crimes include crimes against humanity, war crimes,

genocide and the crime of aggression. When committed as part of a widespread or systematic

attack against the civilian population, a violation, for example, of the right to life or aviolation of the prohibition of torture may amount to a crime against humanity. Other acts

including for example, murder, enslavement, imprisonment, forcible transfer of a population,

sexual violence, and enforced disappearance can form the basis of a crime against humanity.15

3. Key concepts for applying international humanrights law

One of the fundamental normative aims of the application of international human rights law in

the arms transfer decision making process is to create a more responsible trade inconventional arms. In order to achieve this aim, the process towards forming a judgement

regarding a potential transfer of arms should embody two principles:

1. Prevention of serious human rights violations; and2. Fairness and objectivity in decision-making.a. Prevention

In order to create a more responsible trade in conventional arms and ammunition, decisions

on transfer authorisations based on international human rights obligations should be viewed

primarily as a means toprevent serious human rights violations or abuses. Therefore, thedecision making process should occur within a preventative approach framework. Such an

approach would aim to prevent arms transfers where there is credible and reliable information

indicating there is a clear risk that a particular group, such as the security forces, will use

those arms for serious violations or abuses of human rights. Where there is such information

14 Rome Statute, Article 25 (3)(c).15Article 7, Rome Statute of the ICC.


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on a clear risk then the presumption should be to prohibit that transfer of arms until the riskfor such further serious violations or abuses with such arms has been curtailed.

Through this conceptualisation, the application of international human rights law to arms

transfer decisions should be a means to prevent irresponsible international arms transfers and

ensure that the use of military, security and policing equipment is consistent with international

standards.

This approach is distinct from a punitive approach to arms control, which reduces the

decision-making process to one where states that are seen to have unspecified bad human

rights records cannot receive any transfers of arms. Such an approach might fail to take fully

into account specific legitimate military, security and policy needs of a state to protect its

population consistent with international standards for the rule of law. It also undermines the

creation of opportunities for constructive dialogue between potential exporting and importingstates whereby preventative or remedial measures could be discussed and implemented as a

prerequisite for decisions regarding particular arms transfers that would then no longer pose a

substantial risk of being used in serious human rights violations. For example, agreed

measures could include enhanced systems of accountability and training of police and soldiers

that are consistent with the UN Basic Principles on the Use of Force and Firearms by Law

Enforcement Officials. Such an approach is in line with existing state practice and remedial

measures imposed by international courts. (See Box 3)

Box 3: Example of preventative and remedial measures

Likewise, the Court has indicated that in order to adequately guarantee the right to life and

integrity, the members of the security forces must receive adequate training Therefore, the

State must design and implement, within a reasonable period of time, human rights education

programs, addressed to agents of the police force, on the international standards applicable to

matters regarding treatment of inmates in situations of alterations of public order in

penitentiary centers.

(Case of the Miguel Castro-Castro Prison v. Peru, Inter-American Court of Human Rights,Merits and Reparations, November 25, 2006)


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b. Fairness and Objectivity

One concern for states is that an assessment process applying a human rights criterion be

applied in an objective and fair manner. In order to ensure fairness and objectivity the

following factors should apply to the decision making process for an authorization to transfer

arms:

! The assessment process should apply to all transfer authorisations to all countries,without distinction;

! There should be a case-by-case assessmentof each application for an arms transferlicense;

! Objective, verifiable and detailed information from credible and reliable sources onthe arms, the intended recipients, the likely uses, the route and all those involved inthe transfer should be used;

! Up-to-date information on human rights standards and violations should be used toensure proper case-by-case assessments are made.

4. Practical application of international human rightslaw to transfer decisions

To assist licensing authorities and other government officials involving in the arms transferdecision-making process, a clear and consistent procedure for determining whether there is a

clear risk that the transfer will be used or is likely to be used for serious violations of human

rights is required. The following steps, including key factors that should be taken into account,

are recommended:

A. An assessment of the recipient states respect for international human rights law in relation

to those rights likely to be impacted;

B. A more specific assessment of the nature of the equipment, its stated end-use and the stated

end-user, as well as the route, those involved in the transfer and the risk of diversion;

C. Reaching a decision based on an overall assessment as to whether there is a clear risk

that the transfer in question will be used or is likely to be used for serious human rightsviolations or abuses.

a. Recipient states attitude

A thorough assessment of the risk that a transfer of conventional arms would be used or is

likely to be used in the commission of serious violations of international human rights law


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should start with an inquiry into the recipient states overall conduct in relation to its humanrights obligations.

The following indicators should be taken into account, when assessing a recipient states

attitude towards respecting and promoting its obligations under international human rights

law:

! The formal commitments made by the state to relevant international and regionalhuman rights instruments;

o Has the recipient country state become party to key human rights instruments(e.g. the ICCPR, the ICESCR, the regional human rights treaties, the Rome

Statute)?

! The implementation record of the state of its human rights obligations throughnational policy and practices;o Has the recipient country adopted the implementation measures required by

the human rights instruments to which it is a party, including the adoption of

national legislation and regulations?

! Whether the recipient state has in place the legal, judicial and administrativemeasures necessary for the respect and promotion of its human rights obligations;

o Does the recipient state have legislation and procedures in place to allow forinvestigations into human rights abuses and violations by the state and its

agents?

o Is therea competent, independent, impartial and functioning judicial systemin the recipient country, capable of prosecuting serious human rightsviolations?

o Does the recipient state educate and train key sectors such as its securityforces and police officers (and other arms bearers) in the content and

application of international human rights law?

! Whether accountable government infrastructures exist with the capacity to implementand ensure respect for human rights obligations and to bring human rights violators

to justice and provide remedy and reparation to victims;

o Are there independent monitoring bodies and national institutions for thepromotion or protection of human rights?

o Is there a record of impunity for human rights violators?o Is there a record of providing full reparation to victims?

! The degree of cooperation with international and regional human rights mechanisms(e.g. the UN treaty bodies and special procedures);

o Has the recipient state agreed to independent monitoring and investigationsinto alleged serious violations of human rights and abuses? If so, how has it

addressed the outcome (i.e. has it implemented any recommendations?)?


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b. Assessment of the nature of the conventional arms andits end-use/end-user

In order to ensure that there is a case-by-case analysis a more specific assessment should be

undertaken. The objective of such an assessment should be to determine whether there have

been previous serious violations or abuses of human rights (See Box 4) and whether there is a

substantial risk that such violations are likely to be facilitated by the transfer of those

conventional arms under review. The following factors should be considered in this

assessment:

! The nature of the conventional arms;!

An assessment of the stated end-user and the stated end-use of the transfer;! The risk of diversion.c. Assessing the nature of the conventional arms

! Is there any evidence that this type of conventional arms or a similar class ofequipment has previously been used by the intended recipient for serious violations of

human rights?

! Is the equipment intended for internal security purposes? If so, is there evidence ofthe use of this type of arms or a similar type being used for serious violations of

human rights in the receiving country, particularly for exampletorture and other cruel,inhuman or degrading treatment or punishment, extra-judicial executions, arbitrary

detentions and enforced disappearances?

! Are the type, quality and quantity of conventional arms or munitions requestedcompatible with the stated end-users legitimate military, security or policing

requirements?

d. Assessing the EndUser

Nature of the end-user

! Who is the stated end-user? An assessment of the end-user should be conductedregardless of whether the recipient is a state or a non-state entity (e.g. a privatemilitary or security company).

! What is the end-users role in the recipient state?! Does the end-user (e.g. security forces) operate under clear and accountable lines of

command and control?

! Can the recipient guarantee that it is the actual end-user of the arms or ammunition?! Will the recipient accept to not transfer the equipment to a third party without the

express authorisation of the supplier state?


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End-users capacity! Does the stated end-user have a legitimate need for this equipment?! Does the end-user have the knowledge and capacity to use the conventional arms in

accordance with international human rights law standards (e.g. if the transfer of arms

is designated for use by the army is there adequate training in human rights law by

those army personnel who will be using the arms)?

! Does the end-user have the capacity to maintain and deploy these conventional arms?End users human rights conduct

! Has the conduct of the stated end-user in upholding international human rightsstandards been the subject of substantial concern (such as the UN monitoring

bodies, national human rights commissions or international human rights

NGOs)?! If yes, has the recipient country or end-user taken measures to prevent serious

violations of international human rights law (including prosecuting those responsible

for such violations)?

End users control over its arms and munitions! Does the recipient state have effective arms control procedures (e.g. legislation and

regulations) in place regulating the import, export, transit, transhipment, brokerage

and licensed production of conventional arms and ammunition? Does this system

take international human rights law into consideration?

! Does the stated end-user have adequate stockpile management and securityprocedures in place, including procedures for surplus weapons and munitions?

! Are thefts or leakages from stockpiles known to be a problem in the recipient state?! Is illicit trafficking of arms a problem in the recipient state?e. Risk of Diversion

! Does the recipient have the capacity to ensure that the conventional arms transferredare used in a manner consistent with international human rights law and are not

diverted or transferred to other entities or destinations where there is a real risk that

such arms would be likely to be used for serious violations of this law?

! Does the recipient maintain strict and effective control over its conventional arms andtheir further transfer?

! Have there been previous known or suspected re-transferred or diverted arms ormilitary equipment from this recipient to a third party where there was a clear risk

that they would be used, or were used, for serious violations or abuses of human

rights? The risk of diversion does not relate solely to concerns of diversion to an

unauthorised user but also to authorised users who will or are likely to misuse the

equipment for serious human rights violations or abuse.


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f. Reaching a decision

Based on information and assessment of these various elements a state will be able to reach a

decision on whether there is a clear risk that the proposed transfer of conventional arms and

ammunition would be used or is likely to be used for serious violations of international human

rights law and therefore whether the transfer should be authorized or not. A final decision

should be based on an overall assessment and decisions should clearly indicate the reasons for

believing that there is or is not a clear risk that the transfer in question would be likely to be

used for serious violations of human rights.

A decision not to allow the transfer of arms or ammunition should be based on the principle

of human rights protection, given the most likely use of the types of arms in question and the

longevity of the arms, and not as a punitive measure or to secure an economic, political ormilitary advantage to a State or group of States. If there is a wide range of arms being used for

serious violations and abuses of human rights, and a clear risk that further types of arms

would be so misused, states should impose a generalised cessation or embargo on the transfer

all those types of arms. A cessation should be maintained until the clear risk of the arms being

likely to be used for serious violations of human rights has ended through remedial actions.

g. At what point does a risk become clear?

The analysis of clear risk should be carried out by competent authorities based on a case-

by-case consideration of available evidence of history and present circumstances in the

recipient country regarding the proposed end-use and end-user. In assessing whether there is aclear risk the following should be considered:

! The current and past record of the proposed end-user with regard to upholding theirhuman rights obligations:

o Have there been any significant recent developments?o Are there any identifiable trends (both positive and negative) regarding

government action in the area of human rights?

o Are there any foreseeable future events that would be reasonably expected tocreate conditions leading to increased human rights abuses or serious

violations? Particular weight should be given to the current situation inreaching a determination.

! Time frames: In determining risk the focus should be whether any identified pasttrends are continuing or not. Evidence of recent serious human rights violations is aclearer indication of risk. Evidence of past serious violations could still be relevant

though on their own they are not a sufficiently reliable indicator of present or future

conduct. Such information should be taken into consideration along with other

relevant factors.

! Isolatedincidents of violations of international human rights law are not necessarilyindicative of a recipients attitude or commitment towards its obligations under this


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body of law. An isolated incident may not be a sufficient basis for denying a transfer.However, where there is evidence of patterns, or where there is evidence that the

recipient has not taken appropriate steps to end violations and prevent their recurrence,

the likelihood of risk becomes greater.

! Determination of a clear risk should be based on a judgment that is objectivelyinformed through the systematic application of clear criteria using reliable and

credible evidence, and it should be a balanced finding based on a reasoned

consideration of the facts.

Box 4: Uncertainty?

In cases where uncertainty persists, a state should seek further information and clarification

from the recipient state or other sources. Where there are substantive concerns about the risk

of serious human rights violations or abuses, and where preventative measures can

realistically be taken prior to the authorization of a transfer (e.g., training on a type of

equipment or human rights accountability for the proposed end-user), the exporting and

importing governments should enter into discussions on ways to carry out such measures.

These discussions should be with a view to continuing a dialogue on the potential

authorization of the transfer of conventional arms, and should ensure the successful

completion of the agreed preventative measures before any decision is made to authorize thetransfer. However, in circumstances where substantive concerns about the risk of serious

human rights violations or abuse persists, the presumption should be against

authorizing the arms transfer.

h. National legislation

In order to give effect to the above principles and guidelines, legislation should be precise in

its terms and concrete in its procedures, avoiding ambiguities and minimizing the scope for

interpretation which could contradict the purpose of the law. The objectives and provisions of

laws and regulations should be consistent with the UN Charter and international law.

National legislation should also provide for the legislature to be notified of all information

necessary to enable it to exercise proper control over the implementation of the law; for allarms transfers to be scrutinized by a legislative committee, and evaluated in advance if there

is a real risk of serious human rights violations or abuse; for reports to be issued on the human

rights situation in the receiving countries; and for effective channels to be established for

receiving information from non-governmental organizations.


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5. Sources of InformationA variety of credible and reliable information sources exist that are relevant to making

assessments should be consulted to assist states in their transfer decision-making process.

Such information sources include:

! Documentation from the United Nations human rights bodies, the ICRC and otherinternational and regional bodies;

! Reports from international human rights NGOs;! Reports from reliable local sources including local NGOs;! Reliable media reports;! Diplomatic missions in the recipient state;! Human rights reports by states, including domestic human rights commissions reports;! Judgements and reports by the International Criminal Court and the ad hoc tribunals;! Research by academic, research and policy institutes on arms transfers and weapons

issues.


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APPENDIX: International Human Rights InstrumentsThe following list is not exhaustive.

GENERAL STANDARDS

" [UN] Charter of the United Nations" [UN] International Bill of Human Rights:" Universal Declaration of Human Rights, 1948" International Covenant on Economic, Social and Cultural Rights [ICESCR], 1966" monitoring, Committee on Economic, Social and Cultural Rights [CESCR]" International Covenant on Civil and Political Rights [ICCPR], 1966" monitoring, Human Rights Committee [HRC]" (first) Optional Protocol to the International Covenant on Civil and Political

Rights, 1966

" Second Optional Protocol to the International Covenant on Civil and PoliticalRights, aiming at the abolition of the death penalty, 1989

" [UN] United Nations Millennium Declaration, 2000" [UN] Vienna Declaration and Programme of Action, World Conference on

Human Rights, 1993

" [AU] African Charter on Human and Peoples Rights [abbreviation, AfricanCharter]

" [AU] Protocol to the African Charter on Human and Peoples Rights" [AU] Protocol to the African Charter on Human and Peoples Rights on the

Establishment of an African Court on Human and Peoples Rights" [CoE] Additional Protocol to the European Social Charter Providing for a System

of Collective Complaints

" [CoE] European Convention for the Protection of Human Rights andFundamental Freedoms [abbreviation, European Convention on Human Rights]

" [CoE] European Social Charter" [CoE] Protocol Amending the European Social Charter" [League of Arab States] Council of the League of Arab States, Arab Charter on

Human Rights, 1994

" League of Arab States, Revised Arab Charter on Human Rights, 2004" Council of the League of Arab States, Arab Charter on Human Rights, 2004" [OAS] American Convention on Human Rights [also known as, Pact of San Jos,

Costa Rica]

" [OAS] American Declaration of the Rights and Duties of Man


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ADMINISTRATION OF JUSTICE, LAW ENFORCEMENT

" [UN] Basic Principles for the Treatment of Prisoners" [UN] Basic Principles on the Independence of the Judiciary" [UN] Basic Principles on the Role of Lawyers" [UN] Basic Principles on the Use of Force and Firearms by Law Enforcement

Officials

" [UN] Body of Principles for the Protection of All Persons under Any Form ofDetention or Imprisonment

" [UN] Code of Conduct for Law Enforcement Officials" [UN] Guidelines on the Role of Prosecutors" [UN] Standard Minimum Rules for the Treatment of Prisoners" [UN] United Nations Guidelines for the Prevention of Juvenile Delinquency (also

known as, The Riyadh Guidelines)

" [UN] United Nations Rules for the Protection of Juveniles Deprived of their Liberty" [UN] United Nations Standard Minimum Rules for Non-custodial Measures (also

known as, The Tokyo Rules)

" [UN] United Nations Standard Minimum Rules for the Administration of JuvenileJustice (also known as, The Beijing Rules)

BUSINESS, CORPORATIONS, INSTITUTIONS

" [UN]Norms on the Responsibilities of Transnational Corporations and OtherBusiness Enterprises with Regard to Human Rights [abbreviation, Business Norms]

" [UN] Principles relating to the status of national institutions [also known as, TheParis Principles]

" [AU] Convention on Preventing and Combating Corruption" [OAS] Inter-American Convention against Corruption

CHILDREN

" [UN] Convention for the Suppression of the Traffic in Persons and of the Exploitationof the Prostitution of Others

" [UN] Convention on the Rights of the Child" monitoring, Committee on the Rights of the Child [CRC]" [UN] Optional Protocol to the Convention on the Rights of the Child on the

involvement of children in armed conflict

" [UN] Optional Protocol to the Convention on the Rights of the Child on the sale ofchildren, child prostitution and child pornography

" [UN] Protocol to Prevent, Suppress and Punish Trafficking in Persons, EspeciallyWomen and Children, Supplementing the United Nations Convention against

Transnational Organized Crime


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"[AU] African Charter on the Rights and Welfare of the Child" [ILO] ILO Convention No. 182 on the Worst Forms of Child Labour, 1999

" [OAS] Inter-American Convention on International Traffic of MinorsDEATH PENALTY

" [UN] Safeguards guaranteeing protection of the rights of those facing the deathpenalty

" [UN] Second Optional Protocol to the International Covenant on Civil and PoliticalRights, aiming at the abolition of the death penalty

" [CoE] Protocol No. 6 to the European Convention for the Protection of Human Rightsand Fundamental Freedoms concerning the abolition of the death penalty

" [CoE] Protocol No. 13 to the European Convention for the Protection of HumanRights and Fundamental Freedoms concerning the abolition of the death penalty in all

circumstances

" [OAS] Protocol to the American Convention on Human Rights to Abolish the DeathPenalty

DISCRIMINATION, RACISM, INDIGENOUS, MINORITIES,DISABILITIES

" [UN] Declaration on the Elimination of All Forms of Intolerance and ofDiscrimination Based on Religion or Belief

" [UN] Declaration on the Rights of Indigenous Peoples" [UN] Durban Declaration and Programme of Action, World Conference against

Racism, Racial Discrimination, Xenophobia and Related Intolerance, 2001

" [UN] International Convention on the Elimination of All Forms of RacialDiscrimination

" monitoring, Committee on the Elimination of Racial Discrimination [CERD]" [UN] Principles for the protection of persons with mental illnesses and the

improvement of mental health care

" [UN] Standard Rules on the Equalization of Opportunities for Persons withDisabilities

" [CoE] Protocol No. 12 to the European Convention for the Protection of HumanRights and Fundamental Freedoms concerning the general prohibition of

discrimination

" [ILO] ILO Convention No. 169 on Indigenous and Tribal Peoples, 1989" [OAS] Inter-American Convention on the Elimination of All Forms of Discrimination

against Persons With Disabilities


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ECONOMIC, SOCIAL AND CULTURAL RIGHTS

" [UN] International Covenant on Economic, Social and Cultural Rights [ICESCR],1966

" monitoring, Committee on Economic, Social and Cultural Rights [CESCR]" [UN] Kyoto Protocol to the United Nations Framework Convention on Climate

Change

" [OAS] Additional Protocol to the American Convention on Human Rights in the Areaof Economic, Social and Cultural Rights [also known as, Protocol of San Salvador]

EMPLOYMENT, FORCED LABOUR

" [ILO] International Labour Organization conventions:" [ILO] ILO Convention No. 29 on Forced Labour, 1930" [ILO] ILO Convention No. 87 on Freedom of Association and Protection of the Right

to Organise, 1948

" [ILO] ILO Convention No. 97 on Migration for Employment (Revised), 1949" [ILO] ILO Convention No. 98 on the Right to Organise and Collective Bargaining,

1949

" [ILO] ILO Convention No. 100 on Equal Remuneration, 1951" [ILO] ILO Convention No. 105 on the Abolition of Forced Labour, 1957" [ILO] ILO Convention No. 107 on Indigenous and Tribal Populations, 1957" [ILO] ILO Convention No. 111 on Discrimination (Employment and Occupation),

1958" [ILO] ILO Convention No. 138 on Minimum Age, 1973" [ILO] ILO Convention No. 143 on Migrant Workers (Supplementary Provisions),

1975

" [ILO] ILO Convention No. 169 on Indigenous and Tribal Peoples, 1989" [ILO] ILO Convention No. 182 on the Worst Forms of Child Labour, 1999" [ILO] ILO Declaration on Fundamental Principles and Rights at Work, 1988

HUMAN RIGHTS DEFENDERS

" [UN] Declaration on the Right and Responsibility of Individuals, Groups and Organsof Society to Promote and Protect Universally Recognized Human Rights andFundamental Freedoms [abbreviation, Declaration on Human Rights Defenders]

HUMANITARIAN LAW

" [ICRC] Geneva Conventions:" Geneva Convention for the Amelioration of the Condition of the Wounded and Sick

in Armed Forces in the Field [also known as, First Geneva Convention]


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"Geneva Convention for the Amelioration of the Condition of Wounded, Sick andShipwrecked Members of Armed Forces at Sea [also known as, Second Geneva

Convention]

" Geneva Convention relative to the Treatment of Prisoners of War [also known as,Third Geneva Convention]

" Geneva Convention relative to the Protection of Civilian Persons in Time of War[also known as, Fourth Geneva Convention]

" Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to theProtection of Victims of International Armed Conflicts [also known as, Protocol I]

" Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to theProtection of Victims of Non-International Armed Conflicts [known as, Protocol II]

REFUGEES, ASYLUM, MIGRANTS, NATIONALITY

" [UN] International Convention on the Protection of the Rights of All MigrantWorkers and Members of Their Families [abbreviation, Migrant Workers Convention]

" monitoring, Committee on Migrant Workers" [UN] Convention relating to the Status of Refugees" [UN] Declaration on the Human Rights of Individuals Who are not Nationals of the

Country in which They Live

" [UN] Guiding Principles on Internal Displacement" [UN] Protocol relating to the Status of Refugees" [AU] Convention Governing the Specific Aspects of Refugee Problems in Africa"

[CoE] European Convention on the Legal Status of Migrant Workers" [ILO] ILO Convention No. 143 on Migrant Workers (Supplementary Provisions),1975

TORTURE, ILL-TREATMENT, DISAPPEARANCE, EXTRAJUDICIALEXECUTIONS

" [UN] Convention against Torture and Other Cruel, Inhuman or Degrading Treatmentor Punishment [abbreviation, Convention against Torture] monitoring, Committee

against Torture [CAT]

" [UN] Declaration on the Protection of All Persons from Being Subjected to Tortureand Other Cruel, Inhuman or Degrading Treatment or Punishment

" [UN] Declaration on the Protection of All Persons from Enforced Disappearance" [UN] International Convention for the Protection of All Persons from Enforced

Disappearance monitoring, Committee on Enforced Disappearances

" [UN] Optional Protocol to the Convention against Torture and Other Cruel, Inhumanor Degrading Treatment or Punishment [abbreviation, Optional Protocol to the

Convention against Torture]


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"[UN] Principles of Medical Ethics relevant to the Role of Health Personnel,particularly Physicians, in the Protection of Prisoners and Detainees against Torture

and Other Cruel, Inhuman or Degrading Treatment or Punishment

" [UN] Principles on the Effective Investigation and Documentation of Torture andOther Cruel, Inhuman or Degrading Treatment or Punishment

" [UN] Principles on the Effective Prevention and Investigation of Extra-legal,Arbitrary and Summary Executions

" [AU] Guidelines and Measures for the Prohibition and the Prevention of Torture,Cruel, Inhuman or Degrading Treatment or Punishment in Africa (also known as,

Robben Island Guidelines), 2002

" [CoE] European Convention for the Prevention of Torture and Inhuman or DegradingTreatment or Punishment

" [OAS] Inter-American Convention on Forced Disappearance of Persons" [OAS] Inter-American Convention to Prevent and Punish TortureTRAFFICKING IN HUMAN BEINGS, SLAVERY


" [UN] High Commissioner for Human Rights, Recommended Principles andGuidelines on Human Rights and Human Trafficking

" [UN] Protocol against the Smuggling of Migrants by Land, Sea and Air,Supplementing the United Nations Convention against Transnational Crime

"[UN] Protocol to Prevent, Suppress and Punish Trafficking in Persons, EspeciallyWomen and Children, Supplementing the United Nations Convention against

Transnational Organized Crime

" [UN] Slavery Convention" [UN] Supplementary Convention on the Abolition of Slavery, the Slave Trade, and

Institutions and Practices Similar to Slavery

" [UN] United Nations Convention against Transnational Organized Crime" [CoE] Council of Europe Convention on Action against Trafficking in Human Beings" [OAS] Inter-American Convention on International Traffic of Minors

WAR CRIMES AND CRIMES AGAINST HUMANITY

" [UN] Convention on the Non-Applicability of Statutory Limitations to War Crimesand Crimes against Humanity

" [UN] Convention on the Prevention and Punishment of the Crime of Genocide" [UN] International Criminal Court, Elements of Crimes" [UN] International Criminal Court, Rules of Procedure and Evidence" [UN] Rome Statute of the International Criminal Court


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WOMEN

" [UN] Beijing Declaration and Platform of Action, Fourth World Conference onWomen, Beijing, 1995


" [UN] Convention on the Elimination of All Forms of Discrimination against Women" monitoring, Committee on the Elimination of Discrimination against Women

[CEDAW]

" [UN] Declaration on the Elimination of Violence against Women" [UN] Optional Protocol to the Convention on the Elimination of All Forms of

Discrimination against Women

" [UN] Outcome document of the twenty-third special session of the UN GeneralAssembly, Women 2000: Gender Equality, Development and Peace for the 21st

Century, 2000 [also known as, Beijing +5]

" [UN] Protocol to Prevent, Suppress and Punish Trafficking in Persons, EspeciallyWomen and Children, supplementing the United Nations Convention against

Transnational Organized Crime, supplementing the United Nations Convention

against Transnational Organized Crime

" [AU] Protocol to the African Charter on Human and Peoples' Rights on the Rights ofWomen in Africa

" [OAS] Inter-American Convention on the Prevention, Punishment, and Eradication ofViolence Against Women [also known as, Convention of Belm do Par]


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Amnesty International

International Secretariat

Peter Benenson House

1 Easton StreetLondon WC1X 0DW

www.amnesty.org

Documents

How to Apply HR Standards to Arms Transfer Decisions.amnesty.finaL